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WILLIAMS v. PAULEY Et Al.
331 Ga. App. 129
Ga. Ct. App.
2015
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Background

  • Christine Pauley sued Floyd County Police Officer David Williams in his individual capacity for wrongful death and survival claims after a horse strayed onto Highway 27, leading to Carl Pauley’s death.
  • Officer Williams responded to a 911 call, located the horse, and attempted to move it off the roadway, calling his supervisor for guidance.
  • The officer thereafter left the scene to seek help, leaving the horse in the median; the horse followed him back and the officer did not maintain control.
  • There were no department protocols guiding how to handle straying livestock, and Williams attempted to impound the horse consistent with a supervisor’s instruction but was unable to do so.
  • Trial court denied summary judgment, but the appellate court held the suit barred by official (qualified) immunity because the actions were discretionary, not ministerial.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Williams is entitled to official immunity. Pauley argues negligence breached duty. Williams contends discretionary acts warrant immunity. Yes; immunity applies.
Whether Williams’s actions were discretionary or ministerial. Actions were ministerial duty to impound. Actions required deliberation; discretionary. Discretionary.

Key Cases Cited

  • Cameron v. Lang, 274 Ga. 122 (2001) ((official immunity context, discretionary vs ministerial))
  • Gilbert v. Richardson, 264 Ga. 744 (1994) ((official immunity framework))
  • Banks v. Happoldt, 271 Ga. App. 146 (2004) ((ministerial vs discretionary analysis))
  • Todd v. Brooks, 292 Ga. App. 329 (2008) ((statutory duties not rendering ministerial acts when negligently performed))
  • Roper v. Greenway, 294 Ga. 112 (2013) ((distinction between discretionary and ministerial acts))
  • Murphy v. Bajjani, 282 Ga. 197 (2007) ((official immunity considerations))
Read the full case

Case Details

Case Name: WILLIAMS v. PAULEY Et Al.
Court Name: Court of Appeals of Georgia
Date Published: Feb 18, 2015
Citation: 331 Ga. App. 129
Docket Number: A14A2033
Court Abbreviation: Ga. Ct. App.